Nebraska State Laws for Private Gun Sales
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Selling a gun in Nebraska is pretty strict, and it is essential to understand the general requirements involved in the process. There are some state-specific requirements that you should be aware of, such as a background check, certificate, exceptions, etc.
Handgun Purchase Requirements
Individuals must obtain a permit before purchasing, leasing, renting, or receiving a handgun.
All applicants must pass a background check to obtain a handgun certificate.
Age Requirements
Important: The minimum age requirements are as follows:
- 18 years for purchasing rifles, shotguns, and ammunition
- 21 years for purchasing handguns.
Completion of Bureau of Alcohol, Tobacco & Firearms form 4473 is mandatory for purchasing from a licensed firearms dealer.
A handgun purchase certificate from the local chief of police or sheriff is necessary for purchasing handguns.
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How to Sell a Gun Privately in Nebraska
Nebraska law doesn't require private sellers to do background checks for handgun buyers. Federal laws and some state rules still apply.
Prospective handgun buyers in Nebraska must first secure a handgun purchase certificate. An integral part of the application process for this certificate involves a background check, carried out by the authorizing law enforcement agency.
In Nebraska, private sellers are legally prohibited from knowingly selling a firearm to a felon or a juvenile.
Handgun purchase certificates issued in Nebraska have a validity period of three years.
Exceptions to Standard Procedures
Certain exceptions to the standard procedures exist:
The requirements for a permit and background check do not apply to the transfer of a handgun between immediate family members, including a parent and child, or a grandparent and grandchild.
Municipalities have the authority to enact more stringent provisions. In cities like Omaha and Lincoln, for example, additional firearms regulations are in effect.
Nebraska-Specific Disqualifiers
Certain actions can disqualify an individual from purchasing a gun:
- Providing false information on the application for a purchase certificate.
- Making a materially false oral or written statement or furnishing false identification in connection with a handgun purchase or attempted purchase.
- Buying a firearm for a person known to be prohibited by law from buying or possessing a handgun.
- Federal Laws for Gun Sales
- Sale of Firearms to Residents
According to federal law, any person may sell a firearm to an unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms.
Requirements for Licensed Firearms Dealers
Federally licensed firearms dealers must meet specific requirements:
They are required to initiate a background check on the purchaser before selling a firearm.
They must undergo a National Instant Criminal Background Check System check, performed by the firearms dealer.
Federal Disqualification Categories
Certain categories of people are disqualified from purchasing firearms under federal law. These include:
- Conviction where the crime has a maximum imprisonment term exceeding 1 year.
- Felony warrant or out-of-state misdemeanor.
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addiction to a controlled substance, including marijuana.
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien status.
Restrictions on Firearm Sales
Federal law prohibits the sale of a firearm to persons under certain restrictions. These include but are not limited to, convicted felons, persons under a restraining order, and persons convicted of misdemeanor crimes of domestic violence.
Obtaining a Concealed Handgun Permit (CHP) in Nebraska
![State of Nebraska Website, Concealed handgun permits](https://cdn.prod.website-files.com/64067332b1d5fb39611d1a42/65edc18fe020cd817c6a11b6_6484d93a35c44b2244af7de3_Jq3A9tcmEhGrgfUzpCDyV-ZBJJZFfJWiBJz9RJWlzeYVvpp3yoGL.webp)
To obtain a CHP in Nebraska, applicants must meet certain eligibility criteria:
- They must be at least 21 years of age.
- They must have completed an approved handgun training and safety course.
- They must not be prohibited from purchasing or possessing a handgun by 18 U.S.C. § 922.
- Renewal and Validity
In Nebraska, the CHP is valid for five years, after which it can be renewed.
Considerations for Open Carry in Nebraska
In Nebraska, open carry of a firearm is generally legal without a permit, but local restrictions may apply, especially in Omaha and Lincoln.
Understanding the Waiting Period for Firearm Sales in Nebraska
While Nebraska doesn't have a mandatory waiting period for firearm sales, the process of applying for a handgun purchase certificate, which includes a background check, can take several days.
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Tips to Sell Safely and Get the Best Price
To ensure a successful gun sale, make sure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.
Cleaning and Maintenance:
It's a good idea to ensure your firearm is in good working condition and properly cleaned before selling it. This can also increase the firearm's value.
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Accurate Description:
When preparing your firearm for a private sale, you should aim to provide an accurate description of the firearm. This includes information about the make, model, caliber, and any accessories that come with the firearm. An accurate description will help ensure a smooth transaction with your ultimate buyer.
Documentation:
Prepare a complete bill of sale that protects both parties in case of disputes, including the following information: sale date, buyer and seller information, and firearm details (such as make, model, and serial number). Additionally, be sure to include any relevant paperwork, such as purchase receipts and warranty information.
Bill of Sale for Guns
A bill of sale is recommended for private gun sales in Nebraska to document the transaction and protect the seller if the firearm is later used in a crime or reported stolen.
Completing the Sale and Transferring Firearm Ownership:
Once you've found a legal buyer, complete the sale and transfer ownership of the firearm in a legal and compliant manner. Be sure to follow all applicable federal, state, and local laws and regulations, including background checks and any necessary permits or licenses.
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How to Sell Your Gun in Nebraska Using Cash For Arms
Using Cash for Arms is a safe and secure option for selling your gun in Omaha, or any city in Nebraska. By choosing a reputable buyer, you can ensure a smooth and legal transaction while getting the best market value for your firearm.
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